[News] [CA, USA] Ruling upholds policy on searches of transgender inmates
5 views
Skip to first unread message
Stephanie Stevens
Apr 24, 2018, 9:08:56 AM4/24/18
to transgen...@googlegroups.com, Transge...@transgendernews.groups.io, transge...@yahoogroups.com
San Francisco Chronicle, CA, USA
Ruling upholds policy on searches of transgender inmates
By Peter Fimrite
A San Francisco judge has rejected a challenge to a new sheriff’s department policy allowing transgender inmates to choose the sex of the deputy who conducts a jailhouse strip search.
The San Francisco Deputy Sheriffs’ Association filed a motion in February claiming the policy would violate the privacy of transgender deputies who didn’t match the gender identity of the inmate who selected them.
Superior Court Judge Richard Ulmer denied the motion on Friday to halt the first law enforcement policy in the nation to take into account gender identity during visual body cavity searches, known colloquially as strip searches.
“The undisputed evidence showed that deputies are not required to disclose anything,” Ulmer wrote. “They are assigned to conduct searches by how they identify and present themselves at work, which is the same way the former search policy worked.”
The decision prevents the association from immediately halting the sheriff’s department’s Transgender, Gender Variant and Non-Binary, or TGN, policy, but it does not dismiss the lawsuit.
Ken Lomba, president of the deputy sheriffs association, said the union proudly represents many LGBT members, some of whom have not publicly disclosed their gender identity. He said the preliminary injunction was filed to prevent deputies from being forced to disclose that information, a concern he still believes is relevant.
“One of our members’ immediate concerns was the policy requires deputies to be of the same gender identity as the inmates they are searching,” Lomba said. “The way the policy is written, they could be forced to out their gender identity.”
He said he is “disappointed by the decision,” but the association “will move forward with the next phase of the case.”
Sheriff Vicki Hennessy said the policy was adopted in consultation with numerous groups, including the deputy sheriffs association, with the goal of protecting transgender inmates.
“Our TGN policy is about respecting TGN individuals, making them feel safe and facilitating their participation in county jail rehabilitation programs,” Hennessy said.
There are about 13 TGN inmates out of the 1,318 inmates in the San Francisco County jails, less than 1 percent of the population, sheriff’s officials said.
Hennessy’s new policies also assign housing based on an inmate’s preferences, mental health, history of behavioral problems, criminal sophistication and gang affiliation. They include provisions for gender awareness training of sheriff’s deputies and civilian employees.
Ruling upholds policy on searches of transgender inmates
By Peter Fimrite
Updated 8:39 pm, Monday, April 23, 2018
A San Francisco judge has rejected a challenge to a new sheriff’s department policy allowing transgender inmates to choose the sex of the deputy who conducts a jailhouse strip search.
The San Francisco Deputy Sheriffs’ Association filed a motion in February claiming the policy would violate the privacy of transgender deputies who didn’t match the gender identity of the inmate who selected them.
Superior Court Judge Richard Ulmer denied the motion on Friday to halt the first law enforcement policy in the nation to take into account gender identity during visual body cavity searches, known colloquially as strip searches.
“The undisputed evidence showed that deputies are not required to disclose anything,” Ulmer wrote. “They are assigned to conduct searches by how they identify and present themselves at work, which is the same way the former search policy worked.”
The decision prevents the association from immediately halting the sheriff’s department’s Transgender, Gender Variant and Non-Binary, or TGN, policy, but it does not dismiss the lawsuit.
Ken Lomba, president of the deputy sheriffs association, said the union proudly represents many LGBT members, some of whom have not publicly disclosed their gender identity. He said the preliminary injunction was filed to prevent deputies from being forced to disclose that information, a concern he still believes is relevant.
“One of our members’ immediate concerns was the policy requires deputies to be of the same gender identity as the inmates they are searching,” Lomba said. “The way the policy is written, they could be forced to out their gender identity.”
He said he is “disappointed by the decision,” but the association “will move forward with the next phase of the case.”
Sheriff Vicki Hennessy said the policy was adopted in consultation with numerous groups, including the deputy sheriffs association, with the goal of protecting transgender inmates.
“Our TGN policy is about respecting TGN individuals, making them feel safe and facilitating their participation in county jail rehabilitation programs,” Hennessy said.
There are about 13 TGN inmates out of the 1,318 inmates in the San Francisco County jails, less than 1 percent of the population, sheriff’s officials said.
Hennessy’s new policies also assign housing based on an inmate’s preferences, mental health, history of behavioral problems, criminal sophistication and gang affiliation. They include provisions for gender awareness training of sheriff’s deputies and civilian employees.
The department implemented policies in 2016 that allow inmates to choose their pronouns and began moving them out of 12-person cells at the Hall of Justice to a re-entry housing pod at the County Jail.
https://www.sfgate.com/bayarea/article/SF-judge-rejects-challenge-to-policy-on-searches-12858963.php
Reply all
Reply to author
Forward
0 new messages